Judiciary-Poetry-Logo
JPoetry

EXTRINSIC EVIDENCE NOT ALLOWED TO VARY WRITTEN CONTRACT

Reach more audience. Place advert here.

Dictum

The Supreme Court has held in Layade v. Panalpina (1996) 6 NWLR (Pt. 456) 544 at 558; (1996) 7 SCNJ 1 at 14-15 per Adio. J.S.C., as follows and I quote; ”The general rule is that where parties have embodied the terms of their agreement or contract in a written document, as it was done in this case, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument … So, where the parties enter into a contract, they are bound by the terms of that contract and it is unfair to read into such a contract the terms on which there was no agreement.”

Was this dictum helpful?

SHARE ON

EVALUATION OF EVIDENCE ENTAILS

In the case of Lafia Local Government –V- Executive Governor Nasarawa State & Ors (2012) LPELR – 2060, OLABODE RHODES VIVOUR, JSC at page 23 paras, E-F said: “Evaluation of evidence entails the trial judge examining all evidence before him before making his findings. This is done by putting all the evidence on an imaginary scale to see which side appears outweighs the other.”

Was this dictum helpful?

ANY OFFICIAL CAN GIVE TESTIMONY FOR A COMPANY

Comet Shipp. Agencies Ltd v. Babbit Ltd (2001) FWLR (Pt. 40) 1630, (2001) 7 NWLR (Pt. 712) 442, 452 paragraph B, per Galadima JCA (as he then was ) held that: “Companies have no flesh and blood. Their existence is a mere legal abstraction. They must therefore, of necessity, act through their directors, managers and officials. Any official of a company well placed to have personal knowledge of any particular transaction in which a company is engaged can give evidence of such transaction.”

Was this dictum helpful?

WRONG EVALUATION OF EVIDENCE BY TRIAL COURT

Where the Court of Appeal wrongly evaluates the evidence before the trial court and arrives at a wrong conclusion not borne out from the evidence before the court, the Supreme Court will intervene on the ground that the finding is perverse. But where the finding of the Court of Appeal is borne out from the evidence adduced in the trial court, this court cannot intervene. I do not see any reason for intervention in this appeal.

– Niki Tobi JSC. Iragunima v. Rivers State (2003)

Was this dictum helpful?

EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.

– Augie JSC. Bank v. TEE (2003)

Was this dictum helpful?

THE NATIONAL INDUSTRIAL COURT CAN DEPART FROM THE EVIDENCE ACT

“In any event, section 12(2)(b) of the National Industrial Court Act, 2006 and Order 5 Rule 6 (b) of the Rules of this Court 2017 allows this court to depart from the Evidence Act in the interest of justice, fairness, equity and fair-play. See the case of Mr. Victor Adegboyu V. United Bank for Africa (unreported) Appeal No. CA/IL/20/2021, a decision of the Court of Appeal Ilorin Judicial Division delivered on the 14th day of April, 2022, where the Court of Appeal applied section 12(2) of the National Industrial Court Act 2006 and departed from the provisions of the Evidence Act 2011.”

— P.I. Hamman, J. per para. 2.6. FRN v ASUU (2022) – NICN/ABJ/270/2022

Was this dictum helpful?

WHERE ORAL EVIDENCE IN PRIOR TRIAL MAY BE USED

Ariku v. Ajiwogbo (1962) All NLR (Pt. 4) 630, Ademola CJF (of blessed memory) delivering the judgment of the Supreme Court stated the law as follows:- “This court has frequently directed attention to the practice, now not uncommon of making use of evidence of a witness in another case as if it were evidence in the case on trial. As was pointed out in Alade v. Aborishade (1960) 5 FSC 167 at 171, this is only permissible under section 33 or 34 of the Evidence Act. Where a witness in a former case is giving evidence in a case in hand, his former evidence may be brought up in cross-examination to discredit him if he was lying, but evidence used for this purpose does not become evidence in the case in hand for any other purpose. There are also prerequisites to the making use of the former testimony of a witness; for example his attention must be called to the former case where such evidence was given and he would be reminded of what he had said on the occasion.”

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 918 | UO – 0 | GO – 734 | BO – 184

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.